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Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Rules and Regulations

practicable and permitted by law, to

make environmental justice part of their

mission by identifying and addressing,

as appropriate, disproportionately high

and adverse human health or

environmental effects of their programs,

policies, and activities on minority

populations and low-income

populations in the United States.

EPA has determined that this final

rule will not have disproportionately

high and adverse human health or

environmental effects on minority or

low-income populations because it does

not affect the applicable 8-hour ozone

NAAQS which establish the level of

protection provided to human health or

the environment. This rule will relax

the applicable volatility standard of

gasoline during the summer possibly

resulting in slightly higher mobile

source emissions. However, the State of

Louisiana has demonstrated in a

maintenance plan that this action will

not interfere with attainment of the 8-

hour ozone NAAQS and therefore

disproportionately high and adverse

human health or environmental effects

on minority or low-income populations

are not an anticipated result.

K. Congressional Review Act

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. A "major rule"

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a "major rule"' as

defined by 5 U.S.C. 804(a). This rule

will be effective April 14, 2008.

VIII. Legal Authority and Statutory

Provisions

Authority for this action is in sections

211(h) and 301(a) of the Clean Air Act,

42 U.S.C. 7545(h) and 7601(a).

List of Subjects in 40 CFR Part 80

Environmental protection,

Administrative practice and procedures,

Air pollution control, Fuel additives,

Gasoline, Incorporation.by reference,

Motor vehicle and motor vehicle

engines, Motor vehicle pollution,

Penalties, Reporting and recordkeeping

requirements.

Dated: February 7, 2008.

Stephen L. Johnson,

Administrator.

s Title 40, chapter I, part 80 of the Code

of Federal Regulations is amended as

follows:

PART 80--[AMENDED]

m 1. The authority citation for part 80

continues to read as follows:

Authority: 42 U.S.C. 7414, 7545 and

7601(a).

m 2. In § 80.27(a)(2)(ii), the table is

amended by revising the entry for

Louisiana and adding a new footnote 4

to read as follows:

§80.27 Controls and prohibitions on

gasoline volatility.

(a) * * *

(2) * * *

(it) * * *

APPLICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARS

State May June July August September

Louisiana:

G rant Parish 4 ........................................ .... .... .... ..... ...... ..... .... ..... ..... .. 

. 9.0 9.0 9.0 9.0 9.0

All other volatility nonattainment areas ............................................. 9.0 7.8 7.8 7.8 7.8

1 Standards are expressed in pounds per square inch (psi).

4 The standard for Grant-Parish from June 1 until September 15 in 1992 through 2007 was 7.8 psi.

[FR Doc. E8-2702 Filed 2-12-08; 8:45 am)

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[EPA-R09-2007-OAR-1109; FRL-8528-4]

Determination of Nonattainment and

Reclassification of the Imperial

County, 8-Hour Ozone Nonattainment

Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule finalizes EPA's

finding of nonattainment and -

reclassification of the Imperial County

8-hour ozone nonattainment area

(Imperial County). EPA finds that

Imperial County has failed to attain the

8-hour ozone national ambient air'

quality standard ("NAAQS" or "standard") by June 15, 2007, the

attainment deadline set forth in the

Clean Air Act (CAA) and Code of

Federal Regulations (CFR) for marginal

nonattainment areas. As a result, on the

effective date of this rule, Imperial

County will be reclassified by operation

of law as a moderate 8-hour ozone

nonattainment area. The moderate area

attainment date for the reclassified

Imperial County will be "as

expeditiously as practicable," but no

later than June 15, 2010. Once

reclassified, California must submit

State Implementation Plan (SIP)

revisions that meet the 8-hour ozone

nonattainment requirements for

moderate areas, as required by the CAA.

EPA has determined that the State must

submit these SIP revisions by December

31, 2008.

DATES: Effective Date: March 14, 2008.

ADDRESSES: EPA has established docket

number EPA-R09-2007-OAR-1109 for

this action. The index to the docket is

available electronically at http://

www.regulations.gov and in hard copy

at U.S. Environmental Protection

Agency Region IX, 75 Hawthorne Street,

San Francisco, CA 94105-3901. While

8209
8210 Federal Register/Vol. 73, No. 30/Wednesday, February 13, 2008/Rules and Regulations

documents in the docket are listed in

the index, some information may be

publicly available only at the hard copy

location (e.g., copyrighted material), and

some may not be publicly available in

either location (e.g., Confidential

Business Information). To inspect the

hard copy naterials, please schedule an

appointment during normal business

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT:

Adrienne Priselac, EPA Region IX, (415)

972-3285, priselac.adrienne@epa..gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I..What is the background for this action?

II. Response to Comments

Ill. What is the effect of this action?

A. Determination of Nonattainment,

Reclassification of Imperial County

Nonattainment Area and New

Attainment Date

B. Date for Submitting a Revised SIP for the

Imperial County Area

IV. Final Action

V. Statutory and Executive Order Reviews

I. What is the background for this

action?

On November 23, 2007, EPA

published its proposed finding that

Imperial County did not attain the 8-

hour ozone NAAQS by June 15, 2007,

the applicable attainment date (72-FR

65682). The proposed finding was based

upon ambient air quality data from the

years 2004, 2005, and 2006. In addition,

as explained in the proposed rule, the

area did not qualify for an attainment

date extension under the provisions of

CAA section 181(a)(5) and 40 CFR

51.907, because the 4th highest daily

value in the attainment year was greater

than 0.084 ppm. In the November 23,

2007, proposal, EPA proposed that the

area would be reclassified by operation

of law to "moderate" nonattainment, in

accordance with CAA section 181(b)(2).

II. Response to Comments

EPA published its proposed rule on

November 23, 2007, and provided an

opportunity for public comment. The

public comment period ended on

December 24, 2007. EPA received no

comments. No further opportunity for

public comment will be provided.

III. What is the effect of this action?

A. Determination of Nonattainment, -

Reclassification of Imperial County and

New Attainment Date

Pursuant to section 181(b)(2), EPA

finds that Imperial County failed to

attain the 8-hour ozone NAAQS by the

June 15, 2007, attainment deadline

prescribed under the CAA (69 FR 23858,

April 30, 2004 and 40 CFR 51.903(a)) for

marginal ozone nonattainment areas.

When this finding becomes effective,

Imperial County will be reclassified by

operation of law from marginal

nonattainment to moderate

nonattainment. The reclassification to

the next higher classification is

mandated by section 181(b)(2)(A) of the

CAA. (see the discussion in the proposal

at 72 FR 65684) Moderate areas are

required to attain the standard "as

expeditiously as practicable" but no

later than 6 years after designation or

June 15 2010. The "as expeditiously as

practicable" attainment date will be

determined as part of the action on the

required SIP submittal demonstrating

attainment of the 8-hour ozone

standard. Also in this action, EPA is

finalizing its proposal establishing a

schedule by which California will

submit the SIP revisions necessary to

meet the requirements for areas

reclassified to moderate nonattainment

of the 8-hour ozone standard.

B. Date for Submitting a Revised SIP for

the Imperial County Area

In its proposal, EPA addressed the

schedule by which California is

required to submit a revised SIP meeting

the requirements for the Imperial

County moderate nonattainment area.

When an area is reclassified, EPA has

the authority under section 182(i) of the

CAA to adjust the CAA's submittal

deadlines.for any new SIP revisions that

are required as a result of the

reclassification.

Pursuant to 40 CFR 51.908(d), for

each nonattainment area, a state must

provide for implementation of all

control measures needed for attainment

no later than the beginning of the

attainment year ozone season. The

attainment year ozone season is the

ozone season immediately preceding a

nonattainment area's attainment date, in

this case 2009 (40 CFR 51.900(g)). The

ozone season is the ozone monitoring

season as defined in 40 CFR Part 58,

Appendix D, section 4.1, Table D-3 (71

FR 61236, October 17, 2006). For the

purposes of this reclassification for

Imperial County, January 1, 2009, is the

beginning of the ozone monitoring

season. As a result, EPA is finalizing its

proposal requiring that the required SIP

revisions be submitted by California as

expeditiously as practicable, but no later

than December 31, 2008. This timeline

also calls for implementation of

applicable controls no later than January

1, 2009.

The area was previously required to

submit the requirements for marginal

areas, and under section 182(b) remains

required to meet them, and now must

meet the requirements for moderate

areas as well.

A revised SIP must include the

following moderate area requirements:

(1) An attainment demonstration (40

CFR 51.908), (2) provisions for

reasonably available control technology

and reasonably available control

measures (40 CFR 51.912), (3)

reasonable further progress reductions

in emissions (40 CFR 51.910), (4)

contingency measures to be

implemented in the event of failure to

meet a milestone or attain the standard

(CAA 172(c)(9)), and (5) NOx and VOC

emission offsets of 1.15 to 1 for major

source permits (40 CFR 51.165(a)). See

also the requirements for moderate

ozone nonattainment areas set forth in

CAA section 182(b). 1

IV. Final Action

Pursuant to CAA section 181(b)(2),

EPA is making a final determination

that the Imperial County "marginal" 8-

hour ozone nonattainment area failed to

attain the 8-hour ozone NAAQS by June

15, 2007. Upon the effective date of this

rule, the Imperial County "marginal" 8-

hour ozone nonattainment area will be

reclassified by operation of law as a "moderate" 8-hour ozone

nonattainment area. Pursuant to section

182(i) of the CAA, EPA is establishing

the schedule for submittal of the SIP

revisions required for moderate areas

once the area is reclassified. The

required SIP revision for California must

be submitted as expeditiously as

practicable, but no later than December

31, 2008.

V. Statutory and Executive Order

Reviews

A. Executive Order 12866, Regulatory

Planning and Review

This action is not a "significant

regulatory action" under the terms of

Executive Order (EO) 12866 (58 FR

51735, October 4, 1993), entitled

"Regulatory Planning and Review" and

is therefore not subject to review under

the EO. The Agency has determined that

the finding of nonattainment would

result in none of the effects identified in

the Executive Order. Under Section

181(b)(2) of the CAA, determinations of

nonattainment are based upon air

quality considerations and the resulting

reclassifications must occur by

operation of law.

' A vehicle inspection and maintenance (UM)

program would normally be listed as a requirement

for an ozone moderate or above nonattainment area.

However, the Federal l/M Flexibility Amendments

of 1995 determined that urbanized areas with

populations less than 200,000 for 1990 are not

mandated to participate in the l/M program (60 FR

480217, September 18, 1995).
Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Rules and Regulations

B. Paperwork Reduction Act

This rule does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.).

C. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions.

This rule will not have a significant

impact on a substantial number of small

entities. Determinations of

nonattainment and the resulting

reclassification of nonattainment areas

by op 'ralioA of law under section

181 (b t2? of e GAA do not in and of

themselves cre Th any new

requirements. Jnstead, this rulemaking

makes a factual determination, and does

not directly regulate any entities.

Therefore, I certify that this action will

not have a significant economic impact

on a substantial number of small

entities.

D. Unfunded Mandates Reform Act

Under section 202 of the Unfunded

Mandates Reform Act of 1995

("Unfunded Mandates Act" or

"UMRA"), signed into law on March 22,

1995, EPA must prepare a budgetary

impact statement to accompany any

proposed or final rule that includes a

Federal mandate that may result in

estimated costs to State, local, or tribal

governments in the aggregate, or to the

private sector, of $100 million or more.

Under section 205, EPA must select the

most cost-effective and least

burdensome alternative that achieves

the objectives of the rule and is

consistent with statutory requirements.

Section 203 requires EPA to establish a

plan for informing and advising any

small governments that may be

significantly or uniquely impacted by

the rule.

EPA has determined that this

rulemaking action does not include a

Federal mandate within the meaning of

UMRA that may result in estimated '

costs of $100 million or more to either

State, local, or tribal governments in the

aggregate, or to the private sector. Also,

EPA has determined that this rule

contains no regulatory requirements that

might signifidantly or uniquely affect

small governments and therefore is not

subject to the requirements of section

203. EPA believes that the finding of

nonattainment is a factual

determination based upon air quality

considerations and that the resulting

reclassification of the area must occur

by operation of law. Therefore EPA

believes that the finding does not

constitute a Federal mandate, as defined

in section 101 of the UMRA, because it

does not impose an enforceable duty on

any entity.

E. Executive Order 13132, Federalism

Executive Order 13132, entitled

"Federalism" (64 FR 43255, August 10,

1999), revokes and replaces Executive

Orders 12612 (Federalism) and 12875

(Enhancing the Intergovernmental

Partnership). Executive Order 13132

requires EPA to develop an accountable

process to ensure "meaningful and

timely input by State and local officials

in the development of regulatory

policies that have federalism

implications." "Policies that have

federalism implications" is defined in

the Executive Order to include

regulations that have "substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government." Under

Executive Order 13132, EPA may not

issue a regulation that has federalism

implications, that imposes substantial

direct compliance costs, and that is not

required by statute, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by State and local

governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. EPA also may not issue a

regulation that has federalism

implications and that preempts State

law unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

This rule will -not have substantial

direct effects on the States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. This action

merely determines that the Imperial

County area has not attained by its

applicable attainment date, reclassifies

the Imperial County area as a moderate

ozone nonattainment area, and adjusts

applicable deadlines. It does not alter

the relationship or the distribution of

power and responsibilities established

in the Clean Air Act. Thus, the

requirements of section 6 of the

Executive Order do not apply to this

rule.

F. Executive Order 13175, Consultation

and Coordination With Indian Tribal

Governments

Executive Order 13175, entitled

"Consultation and Coordination with

Indian Tribal Governments" (65 FR

67249, November 9, 2000), requires EPA

to develop an accountable process to

ensure "meaningful and timely input by

tribal officials in the development of

regulatory policies that have tribal

implications." This final rule does not

have tribal implications, as specified in

Executive Order 13175. It will not have

substantial direct effects on tribal

governments, on the relationship

between the Federal government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal government and Indian tribes.

Thus, Executive Order 13175 does not

apply to this rule.

G. Executive Order 13045, Protection of

Children From Environmental Health

Risks and Safety Risks

Executive Order 13045, "Protection of

Children from Environmental Health

Risks and Safety Risks" (62 FR 19885,

April 23, 1997), applies to any rule that:

(1) Is determined to be "economically

significant" as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency. This action

is not subject to Executive Order 13045

because it is not economically

significant as defined in E.O. 12866, and

because the Agency does not have

reason to believe the environmental

health risks or safety risks addressed by

this rule present a disproportionate risk

to children. This action merely

determines that the Imperial Valley area

has not attained the standard by the

applicable attainment date, reclassifies

the Imperial Valley area as a moderate

ozone nonattainment area, and adjusts

applicable deadlines.

H. Executive Order 13211, Actions That

Significantly Affect Energy Supply,

Distribution, or Use

This rule is not subject to Executive

Order 13211, "Actions Concerning

Regulations That Significantly Affect

Energy Supply, Distribution, or Use" (66

8211
8212 Federal Register/Vol. 73, No. 30/Wednesday, February 13, 2008/Rules a dRegulations

FR 28355, May 22, 2001) because it is

not a significant regulatory action under

Executive Order 12866.

L.National Technology Transfer and

Advancement Act

Section 12 of the National Technology

Transfer and Advancement Act

(NTTAA) of 1995 requires Federal

agencies to evaluate existing technical

standards when developing a new

regulation. To comply with NTTAA,

EPA must consider and use "voluntary

consensus standards" (VCS) if available

and applicable when developing

programs and policies unless doing so

would be inconsistent with applicable

law or otherwise impractical.

The EPA believes that VCS are

inapplicable to this action. Today's

action does not require the public to

perform activities conducive to the use

of VCS. This action nierely determines

that the Imperial County area has not

attained by the applicable attainment

date, reclassifies the Imperial County

area as a moderate ozone nonattainment

area, and adjusts applicable deadlines.

Therefore, EPA did not consider the use

of any voluntary consensus standards.

1. Congressional Review Act

The Congressional Review Act, 5

U.S.C. 801 et seq.,as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a "major rule" as

defined by 5 U.S.C. 804(2). This rule

will be effective March 14, 2008.

K. Petitions for Judicial Review

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by April 14, 2008.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or a~tion. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 81

Environmental protection, Air

pollution control, Incorporation by

reference.

Authority: 42 U.S.C. 7401 et seq.

Dated: January 24, 2008.

Jane Diamond,

Acting Regional Administrator, Region IX.

* Part 81 of chapter I, title 40 of the

Code of Federal Regulations is amended

as follows:

PART 81-[AMENDED]

E 1. The authority citatioriffi pa'8t,

continues to read as foilo'Ws. '

' r. 1 I . ,* rft ].-., I

Authority: 42 U.S.C. 7401 etsqq.

* 2. In § 81.305 the "California-Ozone

(8-Hour Standard)" table is amended by

revising the entry for "Imperial

County:" to read as follows:

§81.305 California.

CALIFORNIA-OZONE

* [8-hour standard]

Designation Classification

Designated area

Date1 Type Date Classification

Imperial County, CA: Imperial County ............................ Nonattainment ............... 3/14/08 Subpart 2/Moderate.

This date is June 15, 2004, unless otherwise noted.

[FR Doc. E8-2698 Filed 2-12-08; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0637; FRL-8345-1]

1,3-Dichloropropene and metabolites;

Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes a

tolerance for combined residues of 1,3-

• dichloropropene and metabolites in or

on grape. Dow AgroSciences, LLC

requested this tolerance under the

Federal Food, Drug, and Cosmetic Act

(FFDCA).

DATES: This regulation is effective

February 13, 2008. Objections and

requests for hearings must be received

on or before April 14, 2008, and must

be filed in accordance with the

instructions provided in 40 CFR part

178 (see also Unit I.C. of the

SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a

docket for this action under docket

identification (ID) number EPA-HQOPP-2007-0637. To access the

electronic docket, go to http://

www.regulations.gov, select "Advanced

Search," then "Docket Search." Insert

the docket ID number where indicated

and select the "Submit" button. Follow

the instructions on the regulations.gov

website to view the docket index or

access available documents. All

documents in the docket are listed in

the docket index available in

regulations.gov. Although listed in the

index, some information is not publicly

available, e.g., Confidential Business

Information (CBI) or other information

whose disclosure is restricted by statute.

Certain other material, such as

copyrighted material, is not placed on

the Internet and will be publicly

available only in hard copy form.

Publicly available docket materials are

available in the electronic docket at

http://www.regulations.gov, or, if only

available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-